Connecticut 2019 Regular Session

Connecticut House Bill HB07276 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	LCO No. 5043 1 of 10
4	4
5	5	General Assembly Raised Bill No. 7276
6	6	January Session, 2019
7	7	LCO No. 5043
8	8
9	9
10	10	Referred to Committee on PLANNING AND DEVELOPMENT
11	11
12	12
13	13	Introduced by:
14	14	(PD)
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19	19	AN ACT CONCERNING CE RTAIN GROUP CHILD CARE AND FAMILY
20	20	CHILD CARE HOMES.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 8-3j of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2019): 2
26	26	No zoning regulation shall treat any family child care home 3
27	27	[registered] or group child care home, identified by the Office of Early 4
28	28	Childhood pursuant to section 17b-733, in a manner different from 5
29	29	single or multifamily dwellings. 6
30	30	Sec. 2. Subsection (b) of section 19a-80 of the general statutes is 7
31	31	repealed and the following is substituted in lieu thereof (Effective 8
32	32	October 1, 2019): 9
33	33	(b) (1) Upon receipt of an application for a license, the commissioner 10
34	34	shall issue such license if, upon inspection and investigation, said 11
35	35	commissioner finds that the applicant, the facilities and the program 12
36	36	meet the health, educational and social needs of children likely to 13
37	37	attend the child care center or group child care home and comply with 14 Raised Bill No. 7276
38	38
39	39
40	40
41	41	LCO No. 5043 2 of 10
42	42
43	43	requirements established by regulations adopted under this section 15
44	44	and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-16
45	45	87a, inclusive. Any such inspection of a group child care home shall 17
46	46	include an inspection for evident sources of lead poisoning and shall 18
47	47	provide for a chemical analysis of any paint chips found on such 19
48	48	premises. The commissioner shall offer an expedited application 20
49	49	review process for an application submitted by a municipal agency or 21
50	50	department. A currently licensed person or entity, as described in 22
51	51	subsection (a) of this section, seeking a change of operator, ownership 23
52	52	or location shall file a new license application, except such person or 24
53	53	entity may request the commissioner to waive the requirement that a 25
54	54	new license application be filed. The commissioner may grant or deny 26
55	55	such request. Each license shall be for a term of four years, shall be 27
56	56	nontransferable, and may be renewed upon receipt by the 28
57	57	commissioner of a renewal application and accompanying licensure 29
58	58	fee. The commissioner may suspend or revoke such license after notice 30
59	59	and an opportunity for a hearing as provided in section 19a-84 for 31
60	60	violation of the regulations adopted under this section and sections 32
61	61	19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-87a, inclusive. 33
62	62	In the case of an application for renewal of a license that has expired, 34
63	63	the commissioner may renew such expired license within thirty days 35
64	64	of the date of such expiration upon receipt of a renewal application 36
65	65	and accompanying licensure fee. 37
66	66	(2) The commissioner shall collect from the licensee of a child care 38
67	67	center a fee of five hundred dollars prior to issuing or renewing a 39
68	68	license for a term of four years. The commissioner shall collect from 40
69	69	the licensee of a group child care home a fee of two hundred fifty 41
70	70	dollars prior to issuing or renewing a license for a term of four years. 42
71	71	The commissioner shall require only one license for a child care center 43
72	72	operated in two or more buildings, provided the same licensee 44
73	73	provides child care services in each building and the buildings are 45
74	74	joined together by a contiguous playground that is part of the licensed 46
75	75	space. 47
76	76	(3) The commissioner, or the commissioner's designee, shall make 48 Raised Bill No. 7276
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78	78
79	79
80	80	LCO No. 5043 3 of 10
81	81
82	82	an unannounced visit, inspection or investigation of each licensed 49
83	83	child care center and group child care home at least once each year. At 50
84	84	least once every two years, the local health director, or the local health 51
85	85	director's designee, shall make an inspection of each licensed child care 52
86	86	center and group child care home. 53
87	87	(4) A licensed group child care home shall not be subject to any 54
88	88	conditions on the operation of such home by local officials, other than 55
89	89	those imposed by the commissioner pursuant to this subsection, if the 56
90	90	home complies with all local codes and ordinances applicable to single 57
91	91	and multifamily dwellings. 58
92	92	Sec. 3. Subsection (a) of section 8-2 of the general statutes is repealed 59
93	93	and the following is substituted in lieu thereof (Effective October 1, 60
94	94	2019): 61
95	95	(a) The zoning commission of each city, town or borough is 62
96	96	authorized to regulate, within the limits of such municipality, the 63
97	97	height, number of stories and size of buildings and other structures; 64
98	98	the percentage of the area of the lot that may be occupied; the size of 65
99	99	yards, courts and other open spaces; the density of population and the 66
100	100	location and use of buildings, structures and land for trade, industry, 67
101	101	residence or other purposes, including water-dependent uses, as 68
102	102	defined in section 22a-93, and the height, size, location, brightness and 69
103	103	illumination of advertising signs and billboards. Such bulk regulations 70
104	104	may allow for cluster development, as defined in section 8-18. Such 71
105	105	zoning commission may divide the municipality into districts of such 72
106	106	number, shape and area as may be best suited to carry out the 73
107	107	purposes of this chapter; and, within such districts, it may regulate the 74
108	108	erection, construction, reconstruction, alteration or use of buildings or 75
109	109	structures and the use of land. All such regulations shall be uniform 76
110	110	for each class or kind of buildings, structures or use of land throughout 77
111	111	each district, but the regulations in one district may differ from those 78
112	112	in another district, and may provide, except as otherwise specified in 79
113	113	this subsection, that certain classes or kinds of buildings, structures or 80
114	114	uses of land are permitted only after obtaining a special permit or 81 Raised Bill No. 7276
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116	116
117	117
118	118	LCO No. 5043 4 of 10
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120	120	special exception from a zoning commission, planning commission, 82
121	121	combined planning and zoning commission or zoning board of 83
122	122	appeals, whichever commission or board the regulations may, 84
123	123	notwithstanding any special act to the contrary, designate, subject to 85
124	124	standards set forth in the regulations and to conditions necessary to 86
125	125	protect the public health, safety, convenience and property values. 87
126	126	Such regulations shall be made in accordance with a comprehensive 88
127	127	plan and in adopting such regulations the commission shall consider 89
128	128	the plan of conservation and development prepared under section 8-90
129	129	23. Such regulations shall be designed to lessen congestion in the 91
130	130	streets; to secure safety from fire, panic, flood and other dangers; to 92
131	131	promote health and the general welfare; to provide adequate light and 93
132	132	air; to prevent the overcrowding of land; to avoid undue concentration 94
133	133	of population and to facilitate the adequate provision for 95
134	134	transportation, water, sewerage, schools, parks and other public 96
135	135	requirements. Such regulations shall be made with reasonable 97
136	136	consideration as to the character of the district and its peculiar 98
137	137	suitability for particular uses and with a view to conserving the value 99
138	138	of buildings and encouraging the most appropriate use of land 100
139	139	throughout such municipality. Such regulations may, to the extent 101
140	140	consistent with soil types, terrain, infrastructure capacity and the plan 102
141	141	of conservation and development for the community, provide for 103
142	142	cluster development, as defined in section 8-18, in residential zones. 104
143	143	Such regulations shall also encourage the development of housing 105
144	144	opportunities, including opportunities for multifamily dwellings, 106
145	145	consistent with soil types, terrain and infrastructure capacity, for all 107
146	146	residents of the municipality and the planning region in which the 108
147	147	municipality is located, as designated by the Secretary of the Office of 109
148	148	Policy and Management under section 16a-4a. Such regulations shall 110
149	149	also promote housing choice and economic diversity in housing, 111
150	150	including housing for both low and moderate income households, and 112
151	151	shall encourage the development of housing which will meet the 113
152	152	housing needs identified in the state's consolidated plan for housing 114
153	153	and community development prepared pursuant to section 8-37t and 115
154	154	in the housing component and the other components of the state plan 116 Raised Bill No. 7276
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156	156
157	157
158	158	LCO No. 5043 5 of 10
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160	160	of conservation and development prepared pursuant to section 16a-26. 117
161	161	Zoning regulations shall be made with reasonable consideration for 118
162	162	their impact on agriculture, as defined in subsection (q) of section 1-1. 119
163	163	Zoning regulations may be made with reasonable consideration for the 120
164	164	protection of historic factors and shall be made with reasonable 121
165	165	consideration for the protection of existing and potential public surface 122
166	166	and ground drinking water supplies. On and after July 1, 1985, the 123
167	167	regulations shall provide that proper provision be made for soil 124
168	168	erosion and sediment control pursuant to section 22a-329. Such 125
169	169	regulations may also encourage energy -efficient patterns of 126
170	170	development, the use of solar and other renewable forms of energy, 127
171	171	and energy conservation. The regulations may also provide for 128
172	172	incentives for developers who use passive solar energy techniques, as 129
173	173	defined in subsection (b) of section 8-25, in planning a residential 130
174	174	subdivision development. The incentives may include, but not be 131
175	175	limited to, cluster development, higher density development and 132
176	176	performance standards for roads, sidewalks and underground facilities 133
177	177	in the subdivision. Such regulations may provide for a municipal 134
178	178	system for the creation of development rights and the permanent 135
179	179	transfer of such development rights, which may include a system for 136
180	180	the variance of density limits in connection with any such transfer. 137
181	181	Such regulations may also provide for notice requirements in addition 138
182	182	to those required by this chapter. Such regulations may provide for 139
183	183	conditions on operations to collect spring water or well water, as 140
184	184	defined in section 21a-150, including the time, place and manner of 141
185	185	such operations. No such regulations shall prohibit the operation of 142
186	186	any family child care home or group child care home in a residential 143
187	187	zone, nor shall such regulations require any special permit or special 144
188	188	exception for such operation. No such regulations shall prohibit the 145
189	189	use of receptacles for the storage of items designated for recycling in 146
190	190	accordance with section 22a-241b or require that such receptacles 147
191	191	comply with provisions for bulk or lot area, or similar provisions, 148
192	192	except provisions for side yards, rear yards and front yards. No such 149
193	193	regulations shall unreasonably restrict access to or the size of such 150
194	194	receptacles for businesses, given the nature of the business and the 151 Raised Bill No. 7276
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196	196
197	197
198	198	LCO No. 5043 6 of 10
199	199
200	200	volume of items designated for recycling in accordance with section 152
201	201	22a-241b, that such business produces in its normal course of business, 153
202	202	provided nothing in this section shall be construed to prohibit such 154
203	203	regulations from requiring the screening or buffering of such 155
204	204	receptacles for aesthetic reasons. Such regulations shall not impose 156
205	205	conditions and requirements on manufactured homes having as their 157
206	206	narrowest dimension twenty-two feet or more and built in accordance 158
207	207	with federal manufactured home construction and safety standards or 159
208	208	on lots containing such manufactured homes which are substantially 160
209	209	different from conditions and requirements imposed on single-family 161
210	210	dwellings and lots containing single-family dwellings. Such 162
211	211	regulations shall not impose conditions and requirements on 163
212	212	developments to be occupied by manufactured homes having as their 164
213	213	narrowest dimension twenty-two feet or more and built in accordance 165
214	214	with federal manufactured home construction and safety standards 166
215	215	which are substantially different from conditions and requirements 167
216	216	imposed on multifamily dwellings, lots containing multifamily 168
217	217	dwellings, cluster developments or planned unit developments. Such 169
218	218	regulations shall not prohibit the continuance of any nonconforming 170
219	219	use, building or structure existing at the time of the adoption of such 171
220	220	regulations or require a special permit or special exception for any 172
221	221	such continuance. Such regulations shall not provide for the 173
222	222	termination of any nonconforming use solely as a result of nonuse for a 174
223	223	specified period of time without regard to the intent of the property 175
224	224	owner to maintain that use. Such regulations shall not terminate or 176
225	225	deem abandoned a nonconforming use, building or structure unless 177
226	226	the property owner of such use, building or structure voluntarily 178
227	227	discontinues such use, building or structure and such discontinuance 179
228	228	is accompanied by an intent to not reestablish such use, building or 180
229	229	structure. The demolition or deconstruction of a nonconforming use, 181
230	230	building or structure shall not by itself be evidence of such property 182
231	231	owner's intent to not reestablish such use, building or structure. Unless 183
232	232	such town opts out, in accordance with the provisions of subsection (j) 184
233	233	of section 8-1bb, such regulations shall not prohibit the installation of 185
234	234	temporary health care structures for use by mentally or physically 186 Raised Bill No. 7276
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236	236
237	237
238	238	LCO No. 5043 7 of 10
239	239
240	240	impaired persons in accordance with the provisions of section 8-1bb if 187
241	241	such structures comply with the provisions of said section. Any city, 188
242	242	town or borough which adopts the provisions of this chapter may, by 189
243	243	vote of its legislative body, exempt municipal property from the 190
244	244	regulations prescribed by the zoning commission of such city, town or 191
245	245	borough; but unless it is so voted municipal property shall be subject 192
246	246	to such regulations. 193
247	247	Sec. 4. Section 47a-4 of the general statutes is repealed and the 194
248	248	following is substituted in lieu thereof (Effective October 1, 2019): 195
249	249	(a) A rental agreement shall not provide that the tenant: (1) Agrees 196
250	250	to waive or forfeit rights or remedies under this chapter and sections 197
251	251	47a-21, as amended by this act, 47a-23 to 47a-23b, inclusive, 47a-26 to 198
252	252	47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 199
253	253	47a-46, or under any section of the general statutes or any municipal 200
254	254	ordinance unless such section or ordinance expressly states that such 201
255	255	rights may be waived; (2) authorizes the landlord to confess judgment 202
256	256	on a claim arising out of the rental agreement; (3) agrees to the 203
257	257	exculpation or limitation of any liability of the landlord arising under 204
258	258	law or to indemnify the landlord for that liability or the costs 205
259	259	connected therewith; (4) agrees to waive his right to the interest on the 206
260	260	security deposit pursuant to section 47a-21, as amended by this act; (5) 207
261	261	agrees to permit the landlord to dispossess him without resort to court 208
262	262	order; (6) consents to the distraint of his property for rent; (7) agrees to 209
263	263	pay the landlord's attorney's fees in excess of fifteen per cent of any 210
264	264	judgment against the tenant in any action in which money damages 211
265	265	are awarded; (8) agrees to pay a late charge prior to the expiration of 212
266	266	the grace period set forth in section 47a-15a or to pay rent in a reduced 213
267	267	amount if such rent is paid prior to the expiration of such grace period; 214
268	268	[or] (9) agrees to pay a heat or utilities surcharge if heat or utilities is 215
269	269	included in the rental agreement; or (10) is prohibited from operating a 216
270	270	licensed family child care home or group child care home, as those 217
271	271	terms are described in section 19a-77, or otherwise restricted in any 218
272	272	operation of such a home. 219 Raised Bill No. 7276
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275	275
276	276	LCO No. 5043 8 of 10
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278	278	(b) A provision prohibited by subsection (a) of this section included 220
279	279	in a rental agreement is unenforceable. 221
280	280	Sec. 5. Subsection (c) of section 47-70 of the general statutes is 222
281	281	repealed and the following is substituted in lieu thereof (Effective 223
282	282	October 1, 2019): 224
283	283	(c) The declaration may include such covenants and restrictions 225
284	284	concerning the use, occupancy and transfer of units as are permitted 226
285	285	by law with reference to real property, [; provided, however, that] (1) 227
286	286	provided the rule against perpetuities and the rule restricting 228
287	287	unreasonable restraints on alienation shall not be applied to defeat any 229
288	288	rights given by the condominium instruments or by this chapter, and 230
289	289	(2) except that the declaration may not include any prohibition on the 231
290	290	operation of a licensed family child care home or group child care 232
291	291	home, as those terms are described in section 19a-77, or any restriction 233
292	292	on any operation of such a home. 234
293	293	Sec. 6. Subsection (b) of section 47-224 of the general statutes is 235
294	294	repealed and the following is substituted in lieu thereof (Effective 236
295	295	October 1, 2019): 237
296	296	(b) The declaration may contain any other matters not inconsistent 238
297	297	with this chapter that the declarant considers appropriate, including 239
298	298	any restrictions on the uses of a unit or the number or other 240
299	299	qualifications of persons who may occupy units, except that the 241
300	300	declaration may not contain any prohibition on the operation of a 242
301	301	licensed family child care home or group child care home, as those 243
302	302	terms are described in section 19a-77, or any restriction on any 244
303	303	operation of such a home. 245
304	304	Sec. 7. Subsection (b) of section 47a-21 of the general statutes is 246
305	305	repealed and the following is substituted in lieu thereof (Effective 247
306	306	October 1, 2019): 248
307	307	(b) (1) In the case of a tenant under sixty-two years of age, a 249
308	308	landlord shall not demand a security deposit in an amount that 250 Raised Bill No. 7276
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311	311
312	312	LCO No. 5043 9 of 10
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314	314	exceeds two months' rent. 251
315	315	(2) In the case of a tenant sixty-two years of age or older, a landlord 252
316	316	shall not demand a security deposit in an amount that exceeds one 253
317	317	month's rent. Any landlord who has received a security deposit in an 254
318	318	amount that exceeds one month's rent from a tenant who becomes 255
319	319	sixty-two years of age after paying such security deposit shall return 256
320	320	the portion of such security deposit that exceeds one month's rent to 257
321	321	the tenant upon the tenant's request. 258
322	322	(3) Notwithstanding the provisions of subdivisions (1) and (2) of 259
323	323	this subsection, in the case of a tenant who operates a licensed family 260
324	324	child care home or group child care home, as those terms are described 261
325	325	in section 19a-77, a landlord may demand a security deposit in an 262
326	326	amount that exceeds two months' rent. 263
327	327	Sec. 8. (NEW) (Effective October 1, 2019) In any renter's or 264
328	328	homeowners insurance policy issued or renewed on or after October 1, 265
329	329	2019, which policy provides coverage for the operator of a licensed 266
330	330	child care home or group child care home, as those terms are described 267
331	331	in section 19a-77 of the general statutes, such operator may name such 268
332	332	operator's landlord, as defined in section 47a-1 of the general statutes, 269
333	333	association of unit owners for a condominium, as those terms are 270
334	334	defined in section 47-68a of the general statutes, or unit owners' 271
335	335	association of a common interest community, as those terms are 272
336	336	defined in section 47-202 of the general statutes, as applicable, as an 273
337	337	additional insured on such policy. 274
338	338	This act shall take effect as follows and shall amend the following
339	339	sections:
340	340
341	341	Section 1 October 1, 2019 8-3j
342	342	Sec. 2 October 1, 2019 19a-80(b)
343	343	Sec. 3 October 1, 2019 8-2(a)
344	344	Sec. 4 October 1, 2019 47a-4
345	345	Sec. 5 October 1, 2019 47-70(c)
346	346	Sec. 6 October 1, 2019 47-224(b)
347	347	Sec. 7 October 1, 2019 47a-21(b) Raised Bill No. 7276
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349	349
350	350
351	351	LCO No. 5043 10 of 10
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353	353	Sec. 8 October 1, 2019 New section
354	354
355	355	Statement of Purpose:
356	356	To (1) protect licensed group child care homes and family child care
357	357	homes from certain zoning regulations, (2) require the Office of Early
358	358	Childhood to inspect group child care homes for evident sources of
359	359	lead poisoning prior to issuing a license for such home, (3) prohibit
360	360	landlords and homeowners associations from imposing certain
361	361	restrictions on the operation of licensed group child care homes and
362	362	family child care homes, and (4) provide for certain protections of such
363	363	landlords and homeowners associations with regard to tenants and
364	364	owners operating such homes.
365	365	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
366	366	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
367	367	not underlined.]
368	368